Best Child Custody Lawyers in Tagbilaran

About Child Custody Law in Tagbilaran, Philippines

Child custody in Tagbilaran, as with the rest of the Philippines, is governed by family law under the Family Code of the Philippines. This legal framework aims to ensure the welfare and best interests of the child, considering both parents' abilities to fulfil their parental responsibilities. The courts have significant discretion in determining which parent will be granted custody, often favoring arrangements that allow the child to maintain a strong relationship with both parents. In cases where the parents are unmarried, the law typically favors the mother, unless it is proven that she is unfit to care for the child.

Why You May Need a Lawyer

Engaging a lawyer specialized in child custody matters may be crucial in various situations including:

• Disputes over who should have custody or how custody should be shared.
• Cases involving allegations of neglect or abuse.
• Desire to modify existing custody arrangements due to changes in circumstances.
• Complex guardianship cases involving non-parental custody.
• When one parent is seeking to relocate and take the child with them.
• Conflicts involving enforcement of custody orders.

Local Laws Overview

Tagbilaran, being part of the Philippines, follows the Family Code and the Child and Youth Welfare Code, which are the primary legal documents regarding child custody. Here are key local aspects:

• Parental Authority: Both parents jointly exercise parental authority over their children.
• Parental Preference: Custody generally defaults to parents, unless conditions necessitate otherwise.
• Best Interests of the Child: The court prioritizes the child's well-being above others.
• Illegitimate Children: Custody is usually awarded to the mother unless demonstrated unfitness.
• Visitation Rights: Non-custodial parents typically retain rights to visit and spend time with their children.

Frequently Asked Questions

What determines the custody of the child in Tagbilaran?

The primary consideration is the best interest of the child, which involves evaluating the child's needs and the parents' ability to meet those needs.

Can a father get custody of his child?

Yes, a father can be awarded custody if it is in the best interest of the child, especially if the mother is incapable of providing proper care.

What if we are not married, who gets custody?

For unmarried parents, custody is typically granted to the mother, unless she is proven to be unfit.

How is joint custody handled?

Joint custody arrangements involve both parents sharing responsibilities in raising the child, usually under a structured plan approved by the court.

Can custody arrangements be changed?

Yes, if circumstances change significantly, a parent may petition the court for a modification of the custody arrangement.

Does the child have a say in custody decisions?

While not decisive, the court may consider the child's preferences, especially if the child is of sufficient age and maturity to make an informed decision.

Can a non-parent obtain custody?

In exceptional cases where neither parent is fit, a relative or another concerned individual may petition for custody.

How is child support determined in Tagbilaran?

Child support is determined based on the financial resources of the parents and the needs of the child, ensuring that the child's standard of living is maintained or improved.

What should I do if the other parent refuses visitation?

If the other parent refuses visitation, you may need to seek the court's intervention to enforce the visitation order.

What happens if one parent wants to relocate with the child?

A parent must obtain permission from the court to relocate if the move would significantly affect the existing custody and visitation arrangements.

Additional Resources

Here are some helpful resources for those needing legal advice on child custody:

• Department of Social Welfare and Development (DSWD): Offers family support services and mediation.
• Integrated Bar of the Philippines (IBP) - Bohol Chapter: Provides access to local lawyers.
• Philippine Statistics Authority (PSA): Offers civil registry documents necessary for legal proceedings.
• Bohol Family Court: Handles family law issues including custody cases.

Next Steps

If you need legal assistance with child custody in Tagbilaran, consider taking the following steps:

• Consult a family law attorney experienced with custody cases to discuss your situation.
• Gather relevant documents such as birth certificates, custody orders, and evidence of your fitness as a parent.
• Consider mediation services to resolve disputes amicably.
• Prepare to file a case in the Family Court if negotiations do not lead to a satisfactory resolution.
• Stay informed about ongoing changes and developments in family law in the Philippines.